“If it's worth striving for, it's worth protecting.”
September
22, 2005
By Rob Lambert President,
Asset Protection Corporation
Dear
Subscriber:
Pukke
(appropriate name)
joins the ranks of
Anderson and Lawrence
as a scammer seeking
to protect his ill
gotten gains using
legitimate Asset Protection
technology. Watch for
this case to be pointed
to by the folks out
there seeking to discredit
legitimate Asset Protection
Planning. Remember,
one of the points I
am always driving home
is that solid, Kinetic
Asset Protection Planning
depends on funding
the plan when the financial
seas are calm. Now,
check out these facts.
In
the Pukke case, the
Federal Trade Commission
(FTC) sought and obtained
a freezing order; an
order to repatriate
assets and the appointment
of a receiver to marshal
assets of Mr. Pukke.
The
court order’s basis
was the appearance
of the defendant's "substantial de facto control" over his offshore trust. I am certain from the tone that Mr. Pukke will be rooming
with “Bubba” if he
fails to return the
assets.
This
was no small-time fraud.
Mr. Pukke and his related
companies (Ameridebt,
Inc. and DebtWorks,
Inc.) were accused
of defrauding consumers
having debt problems
by structuring repayment
plans that included
undisclosed lucrative
deductions for the
owners of the business.
The profits were quite
substantial because
the FTC requested the
court to order the
defendants to make
restitution of over
$170 million to injured
consumers.
What
makes the facts in
the case even more
outrageous was that
the Asset Protection
was implemented AFTER
Pukke realized he was
under FTC investigation.
Pukke and his band
of thieves were able
to transfer close to
$24 million.
What
really upsets me about
this case isn’t just
the deliberate challenge
to the legal system
by the defendants'
reckless transfer of
assets after the FTC
investigation began,
but the fact that Pukke
found counsel to assist
him in these obviously
fraudulent transfers.
I wouldn’t touch them
with a ten foot pole
and nobody with any
sense should either.
It is my hope that
the “experts” who implemented
this fraud on creditors
and our system are
held responsible for
this obvious fraud.
I
suspect that the planning
will hold up even though
it was fraudulent if
Pukke is willing to
take his risks with
Bubba. Remember, even
improperly done Asset
Protection Trusts are
powerful tools and
often work even when
fraudulently settled.
Let’s
see if Pukke goes to
jail (I heard a rumor
that the money was
or is being returned),
and if his advisors
pay any price for their
overt action and advice
in assisting in what
has all the traits
of a blatantly fraudulent
transfer.
Remember:
No matter what happens
with this case, it
is NOT an indictment
of Asset Protection.
It will hopefully be
a condemnation of fraudulently
done Asset Protection
and the experts who
allow this to happen.
Cases
like this give Asset
Protection Planning
a bad name. Worse still,
there is a greater
likelihood of bias
against those who carry
out fair and legitimate
Asset Protection Planning.
Bottom line: Make sure
you do your planning
when the financial
seas are calm.
I wish you a healthy
and protected week.
Best,
Rob
Lambert
If
you would like more
information regarding
asset protection, trusts,
family limited partnerships
or the subject of this
article please call
or email our office.